On approval of the Treaty on the use of military satellite communication systems and their further improvement

New Unofficial translation

Resolution of the Government of the Republic of Kazakhstan dated May 22, 2019 No. 308

      Unofficial translation

      The Government of the Republic of Kazakhstan HEREBY RESOLVES:

      1. To approve the attached Treaty on the use of military satellite communication systems and their further improvement, performed in Kyzyl, on June 6, 2018.

      2. This resolution shall enter into force from the date of its signing.

      Prime Minister
of the Republic of Kazakhstan
      A. Mamin

      Note. The text of the International Treaty, attached to the regulatory legal act is not official.

      The officially certified copy of the International Treaty of the Republic of Kazakhstan in the languages of conclusion can be received in the Ministry of Foreign Affairs of the Republic of Kazakhstan, which is responsible for registration, record and storage of International Treaties of the Republic of Kazakhstan

  Approved by the resolution
of the Government of the Republic of Kazakhstan
dated May 22, 2019 No. 308

TREATY
on the use of military satellite communication systems and their further improvement

      The governments of the States parties to this Treaty, hereinafter referred to as the Parties,

      guided by the provisions of the Treaty on the Organization of Interaction Relations in the Interests of Controlling the Armed Forces of the Member States of the Commonwealth of Independent States dated March 6, 1998,

      proceeding from the need for the use of military satellite communication systems by the Parties in the interests of controlling the armed forces, other troops and military formations (hereinafter - the armed forces) of the States parties to this Treaty,

      have agreed as follows:

Article 1

      The use and further improvement of military satellite communication systems shall be carried out in order to increase the reliability of control of the armed forces of the States parties to this Treaty and the organization of communication links between them.

      These goals shall be achieved by means of:

      Organization of cooperation of the Parties in creation of new satellite communication systems, and the use of bandwidth capacity resource of the retransmission stations of existing military spacecrafts (hereinafter referred to as the MSC) of the States parties to the Treaty;

      providing the Parties with the capacity of new satellite communication systems in the scope of their share contributions for financing the creation of MSC communication;

      creation of an integrated military satellite communications system of the member states of the Commonwealth of Independent States through the deployment of its national segments, taking into account the agreed technical requirements.

Article 2

      The bandwidth capacity resource of the retransmission stations of existing MSC of the Russian Federation shall be provided to the Parties in the interests of managing the armed forces of the States parties to this Treaty and organizing communications of interaction between military command and control bodies of the armed forces of the States parties to this Treaty.

      The use of the bandwidth capacity resource of the retransmission stations of existing MSC of the Russian Federation shall be provided based on the operation by the armed forces of the States parties to this Treaty of the military satellite communication earth stations, the use of which is permitted in the Armed Forces of the Russian Federation.

      Arrangements in the field of using the bandwidth capacity resource of the retransmission stations of existing MSC of the Russian Federation, including the opportunity of its provision of a free-of-charge basis through the provision of military-technical assistance, shall be determined by bilateral treaties concluded between the Ministry of Defense of the Russian Federation and the ministries of defense / defense departments of the States parties to this Treaty.

      The compulsory conditions of conclusion of such bilateral agreements shall be:

      Planning of the use of operating MSC of the Russian Federation for its intended function in the interests of ensuring satellite communications of the armed forces of the States parties to this Treaty, as well as operational and technical management, preparation and distribution (delivery) of satellite communications data, carried out by the Ministry of Defense of the Russian Federation;

      obtaining the required amount of the resource on the basis of the submission by the ministries of defense / defense departments of the States parties to this Treaty to the Ministry of Defense of the Russian Federation with applications indicating the number, types of satellite earth stations and the required operating modes;

      management of national earth networks of military satellite communication, carried out by the communication control bodies of the armed forces of the States parties to this Treaty in cooperation with the relevant structural units of the Ministry of Defense of the Russian Federation;

      exclusion of actions that may result in a decrease in the operational characteristics of retransmission stations of the existing MSC of the Russian Federation, as well as to the difficulty of maintaining them ready for action;

      the use of the resource exclusively in the interests of managing the armed forces of the States parties to this Treaty, as well as compliance with the established operating modes of satellite communication earth stations (centers), preventing interference for technical or other reasons with the national earth networks of military satellite communication of other member states of the Commonwealth of Independent States.

Article 3

      The creation of new satellite communication systems for military purposes, based on modern principles of high-speed information transfer and unified software and hardware equipment, may be carried out on the basis of equity financing of the Parties.

      Each Party that took part in the financing of such projects shall be vested with the rights to use the bandwidth resource of new satellite communication systems in the scope of its share contribution, unless otherwise agreed by the Parties.

      The procedure and conditions for the creation of new satellite communication systems for military purposes shall be determined by separate agreements of the Parties.

Article 4

      Creation of an integrated military satellite communication system of the member states of the Commonwealth of Independent States shall be ensured by the by the deployment of its national segments by the Parties.

      To ensure the unity of approaches to the creation of an integrated military satellite communications system of the member states of the Commonwealth of Independent States, the Ministry of Defense of the Russian Federation, represented by the parent organization for the development of requirements for the technical appearance of an integrated military satellite communications system, shall facilitate the defense ministries / defense departments of the member states to this Treaty on issues of formation and development of design and operational documentation, ensuring compatibility of characteristics of national segments of military satellite communications

      The procedure of deployment and operation of the national segments of the integrated military satellite communication system shall be determined in the corresponding agreements of the interested Parties.

Article 5

      The Parties to this Treaty shall render mutual assistance in matters of harmonization of electromagnetic compatibility and international legal protection of existing and planned for deployment of radio-electronic means of the military satellite range.

Article 6

      The Parties designate the research and development work aimed at improving space complexes and military satellite communication systems and their elements as particularly important. The Parties will ensure their implementation in research organizations and industrial enterprises according to the existing cooperation.

      To realize a common technical policy, the Parties shall timely inform each other about planned changes in the organizational and technical structure of military satellite communication systems and shall take measures on their improvement and development.

Article 7

      The financing of the costs associated with the implementation of this Treaty shall be carried out in accordance with national legislation within the funds provided for in the national budgets of the ministries of defense / defense departments for the maintenance of the armed forces, unless a different procedure is agreed in each case.

Article 8

      The Parties shall cooperate in the implementation of this Treaty through the Ministries of Defense of the States parties to this Treaty.

      Coordination of activities on implementation of this Treaty shall be entrusted to the Council of Defense Ministers of the Member States of the Commonwealth of Independent States.

Article 9

      The transfer of information and its protection shall be carried out in accordance with the national legislation of the States parties to this Treaty.

      The procedure for handling interstate secrets and their protection shall be carried out in accordance with international treaties on the protection of classified information, operating within the framework of the Commonwealth of Independent States, and bilateral treaties on the mutual protection (protection) of classified information (state secrets).

      The Parties shall not transfer information received under this Treaty to a third party without the written consent of the Party that provided this information.

      Information obtained in the course of the implementation of this Treaty by one of the Parties may not be used by it to the detriment of the interests of the other Parties.

Article 10

      This Treaty shall not affect the rights and obligations of each of the Parties arising for it from other international treaties to which its state is a party.

Article 11

      By agreement of the Parties, this Treaty may be amended and supplemented being its integral part, which are drawn up by the relevant protocol and enter into force in accordance with the procedure prescribed by article 12 of this Treaty.

Article 12

      This Treaty shall enter into force upon the expiration of 30 days from the date of receipt by the depositary of the third notification of the completion by the signatory Parties of the domestic procedures required for its entry into force.

      For Parties that have completed domestic procedures later, this Treaty shall enter into force 30 days after the date of receipt of the relevant documents by the depositary.

      The Treaty on the use of military satellite communication systems and their further improvement of March 12, 1993 between the Parties for which this Treaty entered into force shall terminate from the date of entry into force of this Treaty.

Article 13

      This Treaty is concluded for an indefinite period. Each of the Parties shall have the right to withdraw from this Treaty by sending a written notification of such intention to the depository no later than six months before the withdrawal and by settling financial and other liabilities arising during the validity of the Treaty.

Article 14

      This Treaty, after its entry into force, shall be open for accession by any member state of the Commonwealth of Independent States by transferring the document of accession to the depositary.

      For the acceding state, the Treaty shall enter into force upon the expiration of 30 days from the date of receipt by the depositary of the document of accession.

      Done at Kyzyl city (Russian Federation) on June 6, 2018 in one original copy in the Russian language. The original copy is kept by the Executive Committee of the Commonwealth of Independent States, which will send to each state that signed this Treaty, its certified copy.

For the Government of
the Republic of Azerbaijan

For the Government of
the Russian Federation

For the Government of
the Republic of Armenia

For the Government of
the Republic of Tajikistan

For the Government of
the Republic of Belarus

For the Government of
Turkmenistan

For the Government of
the Republic of Kazakhstan

For the Government of
the Kyrgyz Republic

For the Government of
the Republic of Uzbekistan

For the Government of
the Republic of Moldova

For the Government of
the Ukraine



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